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High Court of DelhiCRL.M.C./4769/2016

Balraj & ORS. v. The State (Govt. Of NCT Of Delhi) & ORS.

2016-12-21Hon'Ble Mr. Justice I.S.Mehta3 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4769/2016 BALRAJ & ORS.

..... Petitioners Through:

Mr.Subhash Tanwar, Advocate with the petitioners in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ORS.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State with SI Rameshwar, P.S. Fatehpur Beri, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.12.2016 Crl.M.A.No.19845/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4769/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 492/2013, under Sections 308/323/341/506/34 IPC, registered at Police Station Fatehpur Beri, New Delhi and all proceedings emanating therefrom.

Counsel for the petitioners has submitted that the petitioners and the injured/complainant are cousins and near relatives and due to some misunderstanding arisen between them, a quarrel had taken place resulting into registration of FIR No. 492/2013, under Sections 308/323/341/506/34 IPC, at Police Station Fatehpur Beri, New Delhi and counter FIR No. 491/2013, under Sections 308/323/34 IPC, at Police Station-Fatehpur Beri, New Delhi. Counsel has further submitted that the said counter FIR has already been quashed by this Court. Learned counsel has further submitted that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and nothing remains to be adjudicated between them.

Counsel thus submits that since the matter has been amicably settled between the parties and nothing remains to be adjudicated between the parties, the present FIR which is coming as a hurdle in the peaceful life of the petitionrs may be quashed. The respondents No.2 to 6/injured/complainant are present in Court today and have been identified by the Investigating Officer, SI Rameshwar, P.S.Fatehpur Beri, Delhi. The respondents No.2 to 6 admit that the petitioners are their relatives and they have entered into settlement with them to have peace in their life in near future. They further submit that the said settlement/compromise has taken place with the petitioners voluntarily, without any force, pressure or coercion and that they have no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties, to have peace in their respective lives as they are relatives, I deem it appropriate to quash the FIR No. 492/2013, under Sections 308/323/341/506/34 IPC, registered at Police

Station-Fatehpur Beri, New Delhi and all proceedings emanating therefrom. The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 21, 2016 'dc'